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http://www.mckinneylawfirm.com 615-686-2115 Nashville TN Criminal defense attorney Rob McKinney has over 16 years experience handling all types of criminal cases including first degree murder cases, DUI cases and even shoplifting cases.

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Nashville DUI/DWI Law Blog

Woman's DUI history could be used in vehicular homicide case

Even though convictions for driving under the influence remain on a person's record, any of them over 10 years old are not allowed to be used in court in Tennessee. This means that an individual who is arrested for DUI now could be treated as a first time offender if it has been at least 10 years since his or her last conviction. It provides people with a second chance of sorts -- that is, unless current charges include vehicular homicide.

For instance, a woman was recently arrested and charged with several crimes, including the death of a man she allegedly struck and killed. When her criminal record was reviewed, it was discovered that she has been convicted of driving under the influence seven times since 1986. Under ordinary circumstances, any of those convictions that occurred over 10 years ago would not be a factor in the current charges she is facing.

Mother of 3 could face DUI charges after crash

At approximately 7:30 p.m. on a recent Thursday, police were called to the scene of a single vehicle accident. Upon arrival, they discovered a Tennessee woman and her three children -- ages 2, 6 and 7 -- who were, thankfully, uninjured. Officials say that, depending on the results of a toxicology test, the mother of three could face DUI charges.

Preliminary reports indicate that the woman somehow lost control of the vehicle. It then left the road, crashed into a mailbox and a fence. The vehicle finally came to a stop in the front yard of a residence within inches of the home. Officers at the scene claim to have smelled alcohol on the driver and that her speech was slurred.

You deserve representation if you are accused of a computer crime

As the computer industry continues to evolve, so does the law regarding the use of electronic mediums such as the internet, email and social media. If you are accused of a computer crime by the state of Tennessee or the federal government, you deserve representation. The criminal defense counsel that you select needs to not only understand the law, but computers as well.

More than likely, the investigation that led to your arrest involved people trained in computer forensics and cyber investigations. The evidence that supposedly points to your guilt may include technical jargon and complex processes. Your attorney will need to be able to cull through this information and either understand it or have access to someone who does. Otherwise, it might not be known whether your rights were violated, and it could be difficult to prepare an appropriate defense.

Blood alcohol tests are not indefensible

Many Tennessee motorists are pressured into complying with law enforcement officials when they are stopped and accused of driving under the influence. They are subjected to breath tests, field sobriety tests and even blood alcohol tests. In reality, you are not required to submit to any testing, and the only agency you should ever voluntarily give blood to is the Red Cross.

However, if you provided a blood sample, that does not mean that the results of any testing are 100 percent accurate. Tennessee residents are given the impression by law enforcement agencies that blood alcohol tests are indisputable proof that they were impaired while driving. That might not necessarily be the truth.

Woman might face DUI charges, among others, re fatal crash

Over the Memorial Day holiday, law enforcement agencies throughout Tennessee launched a campaign to keep the roads safe. During that time, there were 41 accidents, and 10 people were arrested and could face DUI charges. One of those crashes involved three cars and one fatality.

Police have accused a 23-year-old woman of driving under the influence. Officials believe she was impaired when she was allegedly driving in the eastbound lanes as she headed west. Reports indicate that her vehicle sideswiped one vehicle and then ran head-on into a third vehicle. The driver of the third vehicle, a 60-year-old man, suffered fatal injuries in the crash to which he succumbed at a local hospital.

Failure to report child sexual abuse charges filed against coach

Even though high schools and universities have policies against hazing, it still occurs in some schools. In one case that occurred in December, members of a sports team allegedly raped four Tennessee high school basketball players with a pool cue in a hazing incident. Prosecutors claim that the team's coach knew about the rapes, but he failed to report them. Recently, a grand jury indicted the man on four counts of failure to report child sexual abuse.

Reports indicate that the four freshman players were at a cabin with the rest of the team. They were held down by two team members while the third, who is now 18 years old, used a pool cue to rape the boys. One of the boys suffered a ruptured bladder during the assault and required several days of hospitalization.

Police looking for those driving under the influence this summer

Summertime is a time for vacations, sunny days off and simply being outdoors. Generally, more people are on the roadways in Tennessee and all across the country during the warmer months, and some of them might have had a few drinks before getting behind the wheel. Anyone planning to drive after drinking should know that police are on the lookout for those driving under the influence this summer.

The Tennessee Highway Patrol recently announced that its annual "100 Days of Heat" campaign has begun. During the campaign, more officers will be on the roads in an attempt to prevent unnecessary fatalities. The state's law enforcement agency partners with those from two other states.

DUI charges reduced for former Tennessee Titans linebacker

There are numerous reasons why a Tennessee driver might have a single-vehicle accident. Based on a driver's behavior and appearance when law enforcement officers arrive at the scene, an incorrect supposition might be made. A driver can be arrested in DUI charges even if alcohol was not a factor.

Being tired or injured in the accident could mimic the types of behavior and appearance that many police officers are trained to believe means that alcohol or drugs impair the driver. This was the supposition made against a former Tennessee Titans linebacker Keith Bulluck when he was found standing outside a wrecked vehicle on Interstate 65 back in February. It was approximately 3 a.m., and the officer claimed to smell alcohol and believed Bulluck to be intoxicated.

Woman faces vehicular homicide charge in crash

When Tennessee law enforcement officials make accusations against a driver in an accident, it is their responsibility to be sure that their facts are correct. Making a mistake could jeopardize the freedom of an individual. This is especially true when that person is facing serious charges such as vehicular homicide in connection with an accident in which it is suspected that alcohol played a factor.

For example, a 61-year-old woman is facing numerous charges in connection with a three-car accident that occurred on a recent Friday at around 9:47 p.m. First responders had to extricate two people from one of the vehicles, including a 4-year-old girl. The girl's 37-year-old mother suffered fatal injuries and was pronounced dead at an area hospital.

Student faces sexual assault charges after campus incident

Hollywood has used college housing as the setting for a variety of movies involving partying, sexual promiscuity and other frivolity. However, the truth is that most students, including those at Tennessee's universities and colleges, are just trying to get an education, have a modest amount of fun and do it safely. Statistics indicate that one out of every four of women could become the victim of sexual assault at some point during their college careers, and 80 percent of them will know their attackers -- at least in passing.

Of course, no woman should have to suffer through an assault. Even so, as the victims of sexual assault, these women have a responsibility to be sure that any identification they provide police is as accurate as possible in order to avoid accusing the wrong person. At the same time, when the identity of the attacker is known, police are obligated to ensure that person's rights are protected. This means following all established policies and procedures regarding contact with an alleged perpetrator.